Anil Kumar Gupta v. Ajit Kumar
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 31/2022 & CCP(O) 53/2024, EX.APPL.(OS) 3566/2022 ANIL KUMAR GUPTA .....Decree Holder Through:
Mr. Ateev Mathur and Ms. Jagriti Ahuja, Advocates.
versus AJIT KUMAR .....Judgement Debtor Through:
Ms. Hemlata Rawat, Ms. Tanuja, Mr.
Brijesh Mehta and Ms. Poonam Mehta, Advocates.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 25.04.2025 EX.P. 31/2022 and CCP(O) 53/2024 1.
Learned counsel for the Judgement Debtor states, on instructions, that pursuant to the order dated 26.03.2025, entire remaining decretal amount of Rs.27,30,000/- stands paid to the Decree Holder. 2.
In reply, learned counsel for the Decree Holder, on instructions, confirms having received the decretal amount. He states that with receipt of this amount, the decree stands satisfied and the petition can be disposed of. 3.
He states that in view of the satisfaction of the decree, the Decree Holder is not pressing CCP (O) No. 52/2024.
4.
He states that the Decree Holder will however, pursue his pending claims against the Judgment Debtor no. 1 in the pending civil suit. 5.
In view of the aforesaid submissions of the parties, since the entire decretal amount stands paid, the decree stands satisfied and the execution petition is accordingly disposed of.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
As a natural corollary, all interim orders passed in the petition stand vacated.
7.
The contempt petition stands disposed of as not pressed. 8.
Pending application(s) stands disposed of.
9.
Needless to say, that the Decree Holder will be at liberty continue to prosecute its proceedings in the civil suit with respect to the remaining claims against Judgement Debtor No. 1, in accordance with law. Directions for release of monies to intended purchaser Mr. Sanjay Gupta 10.
Learned counsel for the intended buyer Mr. Sanjay Gupta points out that vide order dated 15.10.2023, Mr. Sanjay Gupta deposited an amount of Rs. 1.25 crores before the Registry of this Court, while participating in the public auction of the property i.e. C-1/7 Rana Pratap Bagh, Delhi-110007. 11.
He states that since the execution petition has been disposed of, therefore, he prays the said amount of Rs. 1.25 crores deposited by Mr. Sanjay Gupta be released back along with accrued interest. He states that Mr. Sanjay Gupta claims no right or interest in the said property and seeks the refund unconditionally.
12.
It is ordered accordingly and the Registry is directed to release the said amount to Mr. Sanjay Gupta, within a period of one week. Waiver of costs imposed vide order dated 15.10.2024 13.
At this stage, the learned counsel for the Judgment Debtors also prays that that cost of 1 lakh imposed upon Judgment Debtor no.1 vide order dated 15.10.2024 be waived of since the Judgment Debtor no.1 has been facing some medical issues and is in grave hardship. 14.
In view of the aforesaid averments and considering the fact that the Judgment Debtor No. 1 has since paid the entire decretal amount, therefore, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
this Court deems it appropriate to waive the costs imposed by this Court vide order dated 15.10.2024.
15.
The Registry is directed not to list this matter any further. MANMEET PRITAM SINGH ARORA, J APRIL 25, 2025/mr/ms Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.